Bill Text: NY S02165 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the location of presiding judge at arraignment, appearance proceedings and pursuant to a warrant.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S02165 Detail]

Download: New_York-2017-S02165-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2165
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced by Sens. SERINO, MARCHIONE, RITCHIE -- read twice and ordered
          printed,  and when printed to be committed to the Committee on Judici-
          ary
        AN ACT to amend the uniform  justice  court  act,  in  relation  to  the
          location of the presiding justice in certain circumstances
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 106 of the uniform  justice  court
     2  act,  as  amended  by  section  1 of part L of chapter 56 of the laws of
     3  2010, is amended to read as follows:
     4    1. A justice may hold court anywhere in the municipality including  in
     5  the  case  of  a town justice anywhere within a village wholly or partly
     6  contained within the town of which he is a justice regardless of whether
     7  or not said village has a village court and in the  event  two  or  more
     8  contiguous  villages  maintain  offices  in the same building, a village
     9  justice of any such village may hold court in  such  building,  notwith-
    10  standing  that the building is outside the boundaries of such village. A
    11  town justice may hold court in an adjacent town providing  such  justice
    12  has  been  elected  or  holds  office  pursuant to a plan established by
    13  resolution which was adopted pursuant to the provisions of  section  one
    14  hundred  six-a  of this article or the provisions of section one hundred
    15  six-b of this article. A justice may hold court in one or  more  munici-
    16  palities that form a contiguous geographic area, including in a town and
    17  one  or more villages each of which is wholly or partly contained within
    18  such town, within the  same  county  providing  there  is  an  agreement
    19  between  such  municipalities pursuant to article [five-g] five-G of the
    20  general municipal law to hold all court proceedings in any of  the  such
    21  municipalities  in  a  courtroom  or other suitable facility open to the
    22  public.  For purposes of arraignments, appearance proceedings or  pursu-
    23  ant  to a warrant, a justice may preside anywhere in the county provided
    24  that:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01650-01-7
        S. 2165                             2
     1    a. a justice cannot be secured in the municipality where the  incident
     2  occurred;
     3    b. the receiving municipality has been contacted and cannot secure any
     4  of the justices within the contiguous boundary; and
     5    c.  the  justice is assigned pursuant to an emergency plan that may be
     6  established by the chief administrator of the courts within  the  juris-
     7  diction  when the requirements under paragraphs a and b of this subdivi-
     8  sion have been exhausted.
     9    § 2. This act shall take effect immediately.